For a complete list of Sponsors, refer to the North
Carolina General Assembly Web Site.

Referred to:

Rules, Calendar, and Operations of the House.

March 7, 2013

A BILL TO BE ENTITLED

AN ACT
to amend the North Carolina constitution to restrict the LIMITATIONS that may
be placed on a person who holds a concealed carry permit.

The General Assembly of North Carolina enacts:

SECTION 1. Section 30 of Article 1 of the
North Carolina Constitution reads as rewritten:

"Sec. 30. Militia and the right to bear arms.

(1) A well
regulated militia being necessary to the security of a free State, the right of
the people to keep and bear arms shall not be infringed; and, as standing
armies in time of peace are dangerous to liberty, they shall not be maintained,
and the military shall be kept under strict subordination to, and governed by,
the civil power. Nothing herein shall justify the practice of carrying
concealed weapons, or prevent the General Assembly from enacting penal statutes
against that practice.

(2)A
person who holds a valid permit to carry a concealed handgun shall not be
prohibited by the State from carrying a concealed handgun except:

(a)In
courthouses.

(b)In
federal government buildings where the federal government prohibits weapons.

(d)On
school campuses by persons not authorized to carry concealed weapons on school
campuses.

(e)In law
enforcement or correctional facilities.

(f)While
consuming alcohol or at any time while the person has remaining in the person's
body any alcohol or in the person's blood a controlled substance previously
consumed, but a person does not violate this condition if a controlled
substance in the person's blood was lawfully obtained and taken in
therapeutically appropriate amounts or if the person is on the person's own
property.

(g)Under
domestic violence court order entered as provided by law.

(3)In
accordance with the Second Amendment to the United States Constitution and this
Section, the State shall never engage in a general confiscation of the weapons
of its citizens and shall never cooperate in the effort of any other entity to
do so."

SECTION 2. The amendment set out in Section 1
of this act shall be submitted to the qualified voters of the State at a
statewide general election to be held on November 4, 2014, which election shall
be conducted under the laws then governing elections in the State. Ballots,
voting systems, or both may be used in accordance with Chapter 163 of the
General Statutes. The question to be used in the voting systems and ballots
shall be:

"[ ]
FOR [ ] AGAINST

Constitutional amendment providing that the carrying of a
concealed handgun by a person who holds a permit to carry a concealed handgun
shall not be prohibited by the State except in certain locations and under
certain circumstances and that the State shall never engage in a campaign of
general confiscation of weapons or cooperate in any effort with another entity
to confiscate the weapons of its citizens."

SECTION 3. G.S. 14-269.3 reads as
rewritten:

"§ 14-269.3.
Carrying weapons into assemblies and establishments where alcoholic beverages
are sold and consumed.

(a) It shall be
unlawful for any person to carry any gun, rifle, or pistol into any assembly
where a fee has been charged for admission thereto, or into any establishment
in which alcoholic beverages are sold and consumed. Any person violating the provisions
of this section shall be guilty of a Class 1 misdemeanor.

(b) This section
shall not apply to the following:

(1) A person
exempted from the provisions of G.S. 14-269;G.S. 14-269.

(2) The owner or
lessee of the premises or business establishment;establishment.

(3) A person
participating in the event, if he is carrying a gun, rifle, or pistol with the
permission of the owner, lessee, or person or organization sponsoring the event;
andevent.

(4) A person
registered or hired as a security guard by the owner, lessee, or person or
organization sponsoring the event.

(5)A
person with a valid concealed handgun permit, and the firearm is a handgun as
defined in G.S. 14-309.39."

SECTION 4. G.S. 14-269.4 reads as rewritten:

"§ 14-269.4.
Weapons on certain State property and in courthouses.

(a) It shall
be unlawful for any person to possess, or carry, whether openly or concealed,
any deadly weapon, not used solely for instructional or officially sanctioned
ceremonial purposes in the State Capitol Building, the Executive Mansion, the
Western Residence of the Governor, or on the grounds of any of these buildings,
and buildings.

(b)It
shall be unlawful for any person to possess, or carry, whether openly or
concealed, any deadly weapon in any building housing any court of the
General Court of Justice. If a court is housed in a building containing
nonpublic uses in addition to the court, then this prohibition shall apply only
to that portion of the building used for court purposes while the building is
being used for court purposes.

(c)Subsections
(a) and (b) of this This section shall not apply to any of the
following:

(4a) Any person in a building
housing a court of the General Court of Justice in possession of a weapon for
evidentiary purposes, to deliver it to a law-enforcement agency, or for
purposes of registration.

(4b) Any district court judge or
superior court judge who carries or possesses a concealed handgun in a building
housing a court of the General Court of Justice if the judge is in the building
to discharge his or her official duties and the judge has a concealed handgun
permit issued in accordance with Article 54B of this Chapter or considered
valid under G.S. 14-415.24.

(4c) Firearms in a courthouse,
carried by detention officers employed by and authorized by the sheriff to
carry firearms.

(4d) Any magistrate who carries
or possesses a concealed handgun in any portion of a building housing a court
of the General Court of Justice other than a courtroom itself unless the
magistrate is presiding in that courtroom, if the magistrate (i) is in the
building to discharge the magistrate's official duties, (ii) has a concealed
handgun permit issued in accordance with Article 54B of this Chapter or
considered valid under G.S. 14-415.24, (iii) has successfully completed a
one-time weapons retention training substantially similar to that provided to
certified law enforcement officers in North Carolina, and (iv) secures the
weapon in a locked compartment when the weapon is not on the magistrate's
person.

(d)Subsection
(b) of this section shall not apply to a person with a concealed handgun
permit issued in accordance with Article 54B of this Chapter or considered
valid under G.S. 14-415.24 who has a if the firearm in a
closed compartment or container within the person's locked vehicle or in a
locked container securely affixed to the person's vehicle. A person may unlock
the vehicle to enter or exit the vehicle provided the firearm remains in the
closed compartment at all times and the vehicle is locked immediately following
the entrance or exit.is a handgun, as defined in G.S. 14-309.39.

(e) Any
person violating the provisions of this section shall be guilty of a Class 1
misdemeanor."

SECTION 5. G.S. 14-277.2 reads as
rewritten:

"§ 14-277.2.
Weapons at parades, etc., prohibited.

(a) It shall be
unlawful for any person participating in, affiliated with, or present as a
spectator at any parade, funeral procession, picket line, or demonstration upon
any private health care facility or upon any public place owned or under the
control of the State or any of its political subdivisions to willfully or
intentionally possess or have immediate access to any dangerous weapon.
Violation of this subsection shall be a Class 1 misdemeanor. It shall be
presumed that any rifle or gun carried on a rack in a pickup truck at a holiday
parade or in a funeral procession does not violate the terms of this act.

(b) For the
purposes of this section the term "dangerous weapon" shall include
those weapons specified in G.S. 14-269, 14-269.2, 14-284.1, or 14-288.8 or
any other object capable of inflicting serious bodily injury or death when used
as a weapon.

(c) The provisions
of this section shall not apply to any of the following:

(1)to a A
person exempted by the provisions of G.S. 14-269(b) orG.S. 14-269(b).

(2)to
personsPersons authorized by State or federal law to carry dangerous
weapons in the performance of their duties duties.

(3)or to
any Any person who obtains a permit to carry a dangerous weapon at a
parade, funeral procession, picket line, or demonstration from the sheriff or
police chief, whichever is appropriate, of the locality where such parade,
funeral procession, picket line, or demonstration is to take place.

(4)Any
person who has a valid concealed handgun permit, and the firearm is a handgun
as defined in G.S. 14-309.39."

SECTION 6. G.S. 14-415.11 reads as
rewritten:

"§ 14-415.11.
Permit to carry concealed handgun; scope of permit.

(a) Any person who
has a concealed handgun permit may carry a concealed handgun unless otherwise
specifically prohibited by law. The person shall carry the permit together with
valid identification whenever the person is carrying a concealed handgun, shall
disclose to any law enforcement officer that the person holds a valid permit
and is carrying a concealed handgun when approached or addressed by the
officer, and shall display both the permit and the proper identification upon
the request of a law enforcement officer. In addition to these requirements, a
military permittee whose permit has expired during deployment may carry a
concealed handgun during the 90 days following the end of deployment and before
the permit is renewed provided the permittee also displays proof of deployment
to any law enforcement officer.

(b) The sheriff
shall issue a permit to carry a concealed handgun to a person who qualifies for
a permit under G.S. 14-415.12. The permit shall be valid throughout the
State for a period of five years from the date of issuance.

(c) Except as
provided in G.S. 14-415.27, a permit does not authorize a person to carry
a concealed handgun in any of the following:

(4) In any area
prohibited by 18 U.S.C. § 922 or any other federal law.

(5) In a law
enforcement or correctional facility.

(6) In a building
housing only State or federal offices.offices if prohibited by
federal law.

(7) In an office of the
State or federal government that is not located in a building exclusively
occupied by the State or federal government.government if
prohibited by federal law.

(8) On any private
premises where notice that carrying a concealed handgun is prohibited by the
posting of a conspicuous notice or statement by the person in legal possession
or control of the premises.

(c1)Any person who
has a concealed handgun permit may carry a concealed handgun on the grounds or
waters of a park within the State Parks System as defined in G.S. 113-44.9.

(c2) It shall be unlawful for a
person, with or without a permit, to carry a concealed handgun while consuming
alcohol or at any time while the person has remaining in the person's body any
alcohol or in the person's blood a controlled substance previously consumed,
but a person does not violate this condition if a controlled substance in the
person's blood was lawfully obtained and taken in therapeutically appropriate
amounts or if the person is on the person's own property.

(c3) As provided in
G.S. 14-269.4(5), it shall be lawful for a person to carry any firearm openly,
or to carry a concealed handgun with a concealed carry permit, at any State-owned
rest area, at any State-owned rest stop along the highways, and at any State-owned
hunting and fishing reservation.

(d) A person who is
issued a permit shall notify the sheriff who issued the permit of any change in
the person's permanent address within 30 days after the change of address. If a
permit is lost or destroyed, the person to whom the permit was issued shall
notify the sheriff who issued the permit of the loss or destruction of the
permit. A person may obtain a duplicate permit by submitting to the sheriff a
notarized statement that the permit was lost or destroyed and paying the
required duplicate permit fee."

SECTION 7. G.S. 14-409.40(f) reads as
rewritten:

"(f) Nothing
contained in this section prohibits municipalities or counties from application
of their authority under G.S. 153A-129, 160A-189, 14-269, 14-269.2, 14-269.3,
14-269.4, 14-277.2, 14-415.11, 14-415.23, including prohibiting the possession
of firearms in public-owned buildings, on the grounds or parking areas of those
buildings, or in public parks or recreation areas, except nothing in this
subsection shall shall:

(1)Further
restrict the scope of a concealed carry permit, as provided in G.S. 14-415.11(c).

(2)prohibit
Prohibit a person from storing a firearm within a motor vehicle
while the vehicle is on these grounds or areas.

Nothing contained in this section prohibits municipalities or
counties from exercising powers provided by law in states of emergency declared
under Article 1A of Chapter 166A of the General Statutes."

SECTION 8. If a majority of votes cast on
the question are in favor of the constitutional amendment set out in this act,
the State Board of Elections shall certify the amendment to the Secretary of
State. The constitutional amendment set out in Section 1 of this act and the
statutory amendments set out in Sections 3 through 7 of this act become
effective upon this certification. The Secretary of State shall enroll the
amendments so certified among the permanent records of that office. If a
majority of votes cast on the question are not in favor of the amendment set
out in Section 1 of this act, that amendment and the amendments set out in
Sections 3 through 7 of this act do not go into effect.